Parliamnetary control of delated legislation
Parliamentary Control of Delegated Legislation in India
What is Delegated Legislation?
Delegated legislation (also called subordinate legislation) refers to rules, regulations, by-laws, notifications, or orders made by an authority other than the legislature but with the legislature's delegated authority.
This delegation happens because legislatures may not have the time or expertise to deal with detailed matters.
Types of delegated legislation include rules, regulations, orders, notifications, schemes, and by-laws.
Why Parliamentary Control?
Since delegated legislation exercises legislative powers by non-legislative authorities, control mechanisms are necessary to ensure:
It is within the powers delegated by the legislature.
It does not violate constitutional or legal limits.
It is made following the procedures laid down.
It serves the public interest without arbitrariness.
Types of Parliamentary Control
Judicial Control (through Courts)
Parliamentary Control (focus here)
Executive Control
Procedural Safeguards
Parliamentary Control Mechanisms
Affirmative Resolution Procedure:
Delegated legislation comes into force only after approval by Parliament.
Parliament must explicitly approve it.
Negative Resolution Procedure:
Delegated legislation automatically becomes law but can be annulled by Parliament within a specified time.
Unless Parliament objects, it remains valid.
Laying Before Parliament:
Some delegated legislations must be laid before Parliament for information, though no active approval is needed.
Joint Committee of Parliament:
Examines delegated legislation for any issues.
Reports to Parliament if any delegated legislation is ultra vires or defective.
Constitutional and Statutory Basis
Article 245: Parliament can make laws for the whole or any part of India and may delegate powers.
Article 253: Parliament can legislate to implement international treaties, which often involves delegated legislation.
Enabling Acts: These specify the limits and conditions for delegation and the control procedures.
Important Case Laws on Parliamentary Control of Delegated Legislation
1. A.K. Roy v. Union of India (1982)
Issue: Whether the delegated legislation made under the Essential Commodities Act was ultra vires.
Holding: Delegated legislation must be within the framework of the parent Act. Courts can invalidate if it violates the Constitution or exceeds delegated powers.
Significance: Emphasized judicial review of delegated legislation as part of control.
2. Bharat Petroleum Corporation Ltd. v. Maharashtra General Kamgar Union (1995)
Issue: Delegated legislation affecting workers’ rights.
Holding: Parliamentary control cannot be bypassed, and delegated legislation must conform to principles of natural justice.
Significance: Demonstrated that procedural safeguards are an essential part of parliamentary control.
3. Delhi Laws Act Case (Union of India v. Association for Democratic Reforms) (2002)
Issue: Delegated legislation regarding disclosure of election candidates’ information.
Holding: Parliament can impose regulations by delegated legislation but must respect fundamental rights.
Significance: Showed the limit of delegated legislation subject to constitutional control.
4. Rajasthan State Electricity Board v. Mohan Lal (1967)
Issue: Power of the delegated authority to make regulations regarding electricity supply.
Holding: Delegated legislation is valid only if it aligns with the enabling Act; otherwise, it's ultra vires.
Significance: Affirmed the doctrine of delegated legislation must be within the scope of parent Act.
5. Swadeshi Cotton Mills v. Union of India (1981)
Issue: Whether the authority could delegate powers to subordinates for making rules.
Holding: Delegated legislation can be further delegated only if the parent Act explicitly allows.
Significance: Limited sub-delegation in delegated legislation.
6. Gulmohar Mills Ltd. v. Union of India (1967)
Issue: Whether the Government can delegate excessive legislative power to the executive.
Holding: Such delegation is valid if Parliament specifies clear principles and policies.
Significance: Introduced the principles of adequate delegation — delegation must not be arbitrary.
7. M.C. Chockalingam v. Union of India (1959)
Issue: Legislative delegation under Trade Unions Act.
Holding: Courts can strike down delegated legislation if it violates procedural requirements or exceeds delegated powers.
Significance: Highlighted the importance of Parliamentary procedural control.
Summary Table of Case Principles
| Case Name | Principle Established |
|---|---|
| A.K. Roy v. Union of India | Judicial review of delegated legislation to check ultra vires acts. |
| Bharat Petroleum v. Maharashtra Kamgar Union | Procedural safeguards integral to parliamentary control. |
| Union of India v. Association for Democratic Reforms | Delegated legislation subject to constitutional limits. |
| Rajasthan State Electricity Board v. Mohan Lal | Delegated legislation must conform to the parent Act’s scope. |
| Swadeshi Cotton Mills v. Union of India | Sub-delegation of powers only with explicit statutory authority. |
| Gulmohar Mills Ltd. v. Union of India | Adequate legislative guidance needed in delegation. |
| M.C. Chockalingam v. Union of India | Courts monitor adherence to procedural safeguards in delegated legislation. |
Conclusion
Parliamentary control over delegated legislation ensures that subordinate legislation remains within legal and constitutional boundaries.
Parliament exercises control via approval, annulment, and scrutiny, preventing abuse of delegated powers.
The judiciary plays a complementary role, reviewing delegated legislation for ultra vires acts.
Together, these controls maintain the balance between legislative efficiency and democratic accountability.
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